Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (4)
- Social and Behavioral Sciences (4)
- Business Organizations Law (3)
- Comparative and Foreign Law (3)
- Environmental Law (3)
-
- Constitutional Law (2)
- Human Rights Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Intellectual Property Law (2)
- Medicine and Health Sciences (2)
- Public Affairs, Public Policy and Public Administration (2)
- Public Health (2)
- Science and Technology Law (2)
- Securities Law (2)
- Water Law (2)
- Administrative Law (1)
- Anthropology (1)
- Arts and Humanities (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Civil and Environmental Engineering (1)
- Common Law (1)
- Communication (1)
- Contracts (1)
- Courts (1)
- Criminal Law (1)
- Economics (1)
- Energy Policy (1)
- Energy and Utilities Law (1)
- Institution
- Publication
-
- Articles, Book Chapters, & Popular Press (5)
- All Faculty Publications (2)
- Faculty Scholarship (2)
- All Faculty Scholarship (1)
- FIMS Presentations (1)
-
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- Journal Articles (1)
- Law Publications (1)
- Reports & Public Policy Documents (1)
- Sociology, Anthropology, and Criminology Publications (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
Licence Agreements And Copyright: An Examination Of The Issues, Lisa Di Valentino
Licence Agreements And Copyright: An Examination Of The Issues, Lisa Di Valentino
FIMS Presentations
In this presentation I will discuss some of the factors that are relevant to an understanding of the relationship between copyright and private ordering of legal obligations such as licensing agreements and technological protection measures. I will conclude that there is a strong argument to be made that provisions purporting to limit fair dealing and other exceptions may be unenforceable.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Depending On The Kindness Of Strangers: Access To Civil Justice In Canada, Noel Semple
Depending On The Kindness Of Strangers: Access To Civil Justice In Canada, Noel Semple
Law Publications
‘Abysmal’ was the word used to describe the accessibility of Canadian civil justice in a recent major report. Access to justice is simultaneously a social problem, a professional obligation for the legal profession, and a market opportunity for law firms. Are there any signs of significant progress on any of these fronts? This short Correspondent's report will review recent Canadian efforts to connect people of modest means with the expert legal services they urgently need.
Impacts Of The Criminalization On The Everyday Lives Of People Living In With Hiv In Canada, Barry D. Adam, Richard Elliott, Patrice Corriveau, Ken English
Impacts Of The Criminalization On The Everyday Lives Of People Living In With Hiv In Canada, Barry D. Adam, Richard Elliott, Patrice Corriveau, Ken English
Sociology, Anthropology, and Criminology Publications
As part of a study on the social consequences of the criminal justice system on people living with HIV or AIDS (PHAs) in Canada, this article focuses on how heightened public identification of HIV with criminal matters is having wide ranging effects on perceived personal security and in particular on negotiating potential romantic and sexual interactions. As articulated by the Supreme Court of Canada, the courts have been enforcing a requirement that HIV-positive people disclose their sero-status to prospective partners, relying on the notion that “through deterrence it [the Criminal Code] will protect and serve to encourage honesty, frankness and …
Insights From Canada For American Constitutional Federalism, Stephen F. Ross
Insights From Canada For American Constitutional Federalism, Stephen F. Ross
Journal Articles
The U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), has again focused widespread public attention on the Court as an arbiter of the balance of power between the federal government and the states. The topic of the proper role a nation's highest court in this respect has been important and controversial throughout not only American, but also Canadian history, raising questions of constitutional theory for a federalist republic: What justifies unelected judges interfering with the ordinary political process with regard to federalism questions? Can courts create judicially manageable doctrines to police …
A Canadian Model Of Corporate Governance, Carol Liao
A Canadian Model Of Corporate Governance, Carol Liao
All Faculty Publications
What is Canada’s actual legal model to govern its corporations? Recent landmark judicial decisions indicate Canada is shifting away from an Anglo-American definition of shareholder primacy. Yet the Canadian securities commissions have become increasingly influential in the governance sphere, and by nature are shareholder-focused. Shareholders’ rights have increased well beyond what was ever contemplated by Canadian corporate laws, and the issue of greater shareholder vs. board control has now become the topic of live debate. The future of Canada's overall model seems to rest on what will be more compelling: the constancy of the corporate statutes and trajectory of the …
Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank
Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank
Faculty Articles and Other Publications
Boyd’s new book, The Right to a Healthy Environment, attempts to prove that Canadians would benefit if they amended their constitution to recognize the right to a healthy environment. Throughout this work, he emphasizes the general benefits of recognizing environmental rights as human rights and the positive impact recognizing these rights in the Canadian constitution would have on the lives of Canadian citizens. He examines the gradual domestic emergence of environmental rights both in Canadian law and from a global perspective. By including both viewpoints, Boyd attempts to identify the complexities and intricate questions that arise regarding various environmental issues …
Statutory Civil Liabilities Of Corporate Gatekeepers For Defective Prospectuses In Australia, The United States, The United Kingdom And Canada: A Comparison, S M. Solaiman
Faculty of Law, Humanities and the Arts - Papers (Archive)
Securities regulation is largely the regulation of information asymmetry in relation to the selling of financial assets described as securities. This selling requires information concerning issuers and their securities to be disclosed to the investing public. Securities regulation seeks to regulate this disclosure in order to ensure a level playing field between issuers and their potential investors. The House of Lords in Peek v Gurney held in 1873 that the objective of a prospectus was to enable investors to make an informed investment decision.' Most of the recent corporate failures in the United States between 2001 and 2002 such as …
Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.
Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.
All Faculty Scholarship
The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its …
Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas
Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas
Faculty Articles
The introduction of Mexico into the international trademark arena may significantly influence the future of the North American Free Trade Agreement (“NAFTA”). NAFTA established a reliable and efficient system for trademark registration and protection. This system not only protects owners of trademarks, but also helps consumers identify and purchase goods or services that meet their needs.
Despite its membership in NAFTA, Mexico is in the process of internationalizing its Intellectual Property protections. It is evident that among countries, economic improvement is generally the main motivation to form Free Trade Agreements, and Mexico's case is no different. Mexico has pursued an …
Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young
Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young
Reports & Public Policy Documents
As the world’s population increases, as global markets become more interconnected, and as the effects of climate change become clearer, the issue of food insecurity is gaining traction at local, national, and international levels. The recent global economic crisis and increased food prices have drawn attention to the urgent situation of the world’s 870 million chronically undernourished people who face the number one worldwide risk to health: hunger and malnutrition. Although about 75% of the world’s undernourished people live in low-income, rural regions of developing countries, hunger is also an issue in Canada. In 2011, 1.6 million Canadian households, or …
Arctic Climate Governance: Can The Canary In The Coal Mine Lift Canada’S Head Out Of The Sand(S)?, Meinhard Doelle
Arctic Climate Governance: Can The Canary In The Coal Mine Lift Canada’S Head Out Of The Sand(S)?, Meinhard Doelle
Articles, Book Chapters, & Popular Press
This paper considers Canada’s climate policy at the federal and territorial levels of government in light of the accelerated impacts and vulnerability of Canada’s Arctic region. The paper considers the level of awareness of current and expected future climate impacts in the Arctic, and the effect of this awareness on climate policy. Climate policy is considered in three broad areas, climate adaptation, climate mitigation and the effect on each jurisdiction’s development path. The paper concludes that there is good awareness of the current and predicted future impacts of climate change in all jurisdictions studied. For reasons explored in the paper, …
Achieving National Altruistic Self-Sufficiency In Human Eggs For Third-Party Reproduction In Canada, Jocelyn Downie
Achieving National Altruistic Self-Sufficiency In Human Eggs For Third-Party Reproduction In Canada, Jocelyn Downie
Articles, Book Chapters, & Popular Press
To avoid the commercialization of reproduction, the Canadian Assisted Human Reproduction Act (AHR Act 2004) prohibits the purchase of human eggs. We endorse this legal prohibition and moreover believe that this facet of the law should not be allowed to have as an unintended consequence an increase in transnational trade in human eggs. In an effort to avoid this consequence, and to be consistent with the AHR Act, we advocate a system of national altruistic self-sufficiency. This article briefly outlines a number of strategies to increase the domestic altruistic supply of third-party eggs and decrease the domestic demand for third-party …
A Canadian Model Of Corporate Governance: Where Do Shareholders Really Stand?, Carol Liao
A Canadian Model Of Corporate Governance: Where Do Shareholders Really Stand?, Carol Liao
All Faculty Publications
This feature article in the Director Journal summarizes the findings from the report, "A Canadian Model of Corporate Governance: Insights from Canada's Leading Legal Practitioners," produced for the Canadian Foundation for Governance Research and the Institute of Corporate Directors (also available on SSRN).
In the report, interviews were conducted with 32 leading senior legal practitioners across Canada to opine on the fundamental principles that are driving the development of Canadian corporate governance. The report found that Canadian common law has made the process of considering stakeholders in the "best interests of the corporation" more overt, well beyond what is assumed …
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
The Right To Safe Water And Crown-Aboriginal Fiduciary Law: Litigating A Resolution To The Public Health Hazards Of On-Reserve Water Problems, Constance Macintosh
The Right To Safe Water And Crown-Aboriginal Fiduciary Law: Litigating A Resolution To The Public Health Hazards Of On-Reserve Water Problems, Constance Macintosh
Articles, Book Chapters, & Popular Press
Canada is at a crossroads. The gap between our national self-image as a country that respects human rights and the reality of socio-economic inequality and exclusion demands a re-engagement with the international human rights project and a recommitment to the values of social justice and equality affirmed in the early years of the Canadian Charter of Rights and Freedoms. This book sketches a blueprint for reconceiving and retrieving social rights in diverse spheres of human rights practice in Canada, both political and legal. Leading academics and activists explore how the Charter and administrative decision making should protect social rights …
The Making Of A Myth: Unreliable Data On Access To Palliative Care In Canada, Jocelyn Downie, Georgia Lloyd-Smith
The Making Of A Myth: Unreliable Data On Access To Palliative Care In Canada, Jocelyn Downie, Georgia Lloyd-Smith
Articles, Book Chapters, & Popular Press
Assisted death is now the subject of conversation in the media, in public meetings, and around kitchen tables across the country. A frequent part of many conversations about assisted death law reform is access to quality palliative care in Canada. Throughout the literature and other forms of media, the claim is made that only 16-30% of Canadians have access to palliative care (or, its derivative, 70% are without access). The “16-30%” claim has been widely accepted as a fact. But is it, in fact, true? We are driven to the conclusion that the oft-repeated claim that only 16-30% of Canadians …
Compliance Of Canada’S Utility Doctrine With International Minimum Standards Of Patent Protection, Jerome H. Reichman
Compliance Of Canada’S Utility Doctrine With International Minimum Standards Of Patent Protection, Jerome H. Reichman
Faculty Scholarship
This article analyzes the Canadian court case of Eli Lilly v. Novopharm and the "utility" doctrine in Canada, and international standards of patent protection including TRIPS and NAFTA. The ‘‘promise of the patent’’ doctrine in Canada seeks to ensure that firms do not obtain a legal monopoly on the basis of speculative claims about increased utility — especially claims about therapeutic efficacy — that were unsubstantiated at the time of filing. Under this test, some of Eli Lilly’s patented pharmaceutical products have been invalidated retroactively.
Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai
Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai
Faculty Scholarship
This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …